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There IS a punishment for rape in Islam

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    (Original post by S'Class)
    Yes, because Morocco is the basis for deriving evidences for Sharia. Did you not read the OP?
    i never said anything about sharia, morocco follows islamic law...your thread title is about islamic law....i was referring to islamic law....the judge in morocco based his decision on islamic law....i dont give a damn about your OP because I didnt say sharia law...I said islam...which is what your thread is about (read your own title)
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    (Original post by .eXe)
    i never said anything about sharia, morocco follows islamic law...your thread title is about islamic law....i was referring to islamic law....the judge in morocco based his decision on islamic law....i dont give a damn about your OP because I didnt say sharia law...I said islam...which is what your thread is about (read your own title)
    The case in Morocco had nothing to do with Moroccan law. The law in Morocco isn't based on Islam or Shari'a, it's based on French law given that Morocco used to be a French colony.
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    (Original post by sal91x)
    That is pretty much taken out of context though. It's often misquoted to say that women alone cannot and should not say no to their husband when he approaches them. But what you haven't mentioned is that the same advice is applicable to men.

    Islam equally emphasises that a husband should not deny his wife's physical needs. As Allah says in the Qur’an, “They are a garment for you and you are a garment for them…” (Al-Baqarah: 187).

    The Hadith you're referring to also says that a husband who, without any genuine reason, neglects his wife’s needs is as sinful as a wife who neglects her husband’s needs without any excuse.

    Narrated by Abdullah bin Amr bin Al-As: "Prophet Muhammad (saw) said, “O Abdullah! I have been informed that you fast all the day and stand in prayer all night?” I said, ‘Yes, O Allah's Apostle!’ He said, “Do not do that! Observe the fast sometimes and also leave them at other times, stand up for the prayer at night and also sleep at night. Your body has a right over you and your wife has a right over you.

    But that's just distracting from the actual issue. At the end of the day; rape is rape - whether it occurs in a marital context or outside of it.
    I did, "This is because in Islam the man and the women both are supposed to fulfill each others desires", I was just using women as the example. It can go either way but it's still coercion and I don't think coercing someone into sex via religious grounds is very ethical.
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    (Original post by Brutal Honesty)
    The case in Morocco had nothing to do with Moroccan law. The law in Morocco isn't based on Islam or Shari'a, it's based on French law given that Morocco used to be a French colony.
    you're reducing what is really is buddy.

    Last I checked France was very against muslims (banning their headscarves and all that) so I really doubt that moroccan law is anything like current french law. yes it has its origins in it, but that doesnt mean it emulates it.

    Last I check, girl who were raped did not have to forcibly marry their rapists in France. (there goes your france argument)

    Finally (my main argument):

    Moroccan penal code IS BASED IN ISLAM:

    Read it here: http://en.wikipedia.org/wiki/Mudawana

    Read about its origins here: http://en.wikipedia.org/wiki/Mudawan...of_Al-Mudawana

    Now come and argue that morocco law is not based in islam.....
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    (Original post by That_user)
    the op does not make sense since there is no 'one size fits all' sharia, nor do u give any koran verses that mention the "punishment" for rape.
    I have edited it to include a Hadith.

    (Original post by .eXe)
    i never said anything about sharia, morocco follows islamic law...your thread title is about islamic law....i was referring to islamic law....the judge in morocco based his decision on islamic law....i dont give a damn about your OP because I didnt say sharia law...I said islam...which is what your thread is about (read your own title)
    Islamic Law is Sharia Law. Morocco does not follow Sharia, or Islamic Law. Afghanistan's Constitution is also based on Islam. But there's hardly any of it there. So countries these days could have Laws BASED on Islam/Sharia, but it needs to be fully implemented for it to be considered as following SHaria.
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    (Original post by S'Class)
    Islamic Law is Sharia Law. Morocco does not follow Sharia, or Islamic Law.
    Yes it does...its penal code (which is in question right now) is based on islam.

    see my previous post which has the links.
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    (Original post by S'Class)
    I have edited it to include a Hadith.


    which is useless. can you give me a koran verse that deals with rape please.
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    (Original post by That_user)
    which is useless. can you give me a koran verse that deals with rape please.
    There isn't, I already said. And no, it's not useless, because a massive amount of the religion comes from Hadith.
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    (Original post by .eXe)
    Yes it does...its penal code (which is in question right now) is based on islam.

    see my previous post which has the links.
    Well if that law is in their penal code it obviously isn't from Islam is it? Give me an Islamic source that says the rapist must marry the victim.
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    (Original post by S'Class)
    Well if that law is in their penal code it obviously isn't from Islam is it? Give me an Islamic source that says the rapist must marry the victim.
    I clearly gave you proof that their penal code originates from islam.

    The burden of proof is on you buddy
    I dont have to give you a single bit of evidence....again...go read your posts in this thread..you're the one making the stupid claims that it isnt based in Islam....I gave you proof that it in fact is...you ignored the proof and are asking me for more proof.
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    (Original post by .eXe)
    I clearly gave you proof that their penal code originates from islam.

    The burden of proof is on you buddy
    I dont have to give you a single bit of evidence....again...go read your posts in this thread..you're the one making the stupid claims that it isnt based in Islam....I gave you proof that it in fact is...you ignored the proof and are asking me for more proof.
    Are you talking about the link from GrahamRodney? Because I can't find anything from your posts. Anyway, if it is, nowhere in the article does it cite any ISLAMIC references, only Article 475 of the MOROCCAN law. Now if someone claims something is in Islam, be it you or the Moroccan government or anyone else, they must provide evidence.
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    (Original post by Annoying-Mouse)
    I did, "This is because in Islam the man and the women both are supposed to fulfill each others desires", I was just using women as the example. It can go either way but it's still coercion and I don't think coercing someone into sex via religious grounds is very ethical.
    It's not supposed to be a grounds of coercion. It is absolutely haram for a husband to harm his wife.

    In the Qur'an, Allah has described marriage as a relationship of affection, mercy and love (Ar-Rum 30:21).

    Islamically, husbands are supposed to treat with their wives in an honorable way: "O you who have believed, it is not lawful for you to inherit women by compulsion. And do not make difficulties for them in order to take [back] part of what you gave them unless they commit a clear immorality. And live with them in kindness. For if you dislike them - perhaps you dislike a thing and Allah makes therein much good." (An-Nisa' 4:19)

    By the definition of rape; the forceful and violent nature, of course even in a marital context it is NOT permissible. Likewise abuse, ill treatment, and inflicting harm – be it physical, verbal or psychological – are completely unacceptable.
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    (Original post by At peace)
    Can we not just accept that the western worlds treats the women as sexual toy, 10th class citizen or worse.
    Actually no, that is only in the minority :wink2:

    on what basis do you say that though?
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    (Original post by S'Class)
    There isn't, I already said. And no, it's not useless, because a massive amount of the religion comes from Hadith.
    nah, its pretty useless compared to koran. hence the law systema in muslim countries.
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    (Original post by sal91x)
    It's not supposed to be a grounds of coercion. It is absolutely haram for a husband to harm his wife.

    In the Qur'an, Allah has described marriage as a relationship of affection, mercy and love (Ar-Rum 30:21).

    Islamically, husbands are supposed to treat with their wives in an honorable way: "O you who have believed, it is not lawful for you to inherit women by compulsion. And do not make difficulties for them in order to take [back] part of what you gave them unless they commit a clear immorality. And live with them in kindness. For if you dislike them - perhaps you dislike a thing and Allah makes therein much good." (An-Nisa' 4:19)

    By the definition of rape; the forceful and violent nature, of course even in a marital context it is NOT permissible. Likewise abuse, ill treatment, and inflicting harm – be it physical, verbal or psychological – are completely unacceptable.
    I'm using the definition of coercion loosely. Telling the wife that the angel will curse her and that she is rebelling against Allah (which is a grave sin and sins are punished) is coercion imo. As I said, it's like a cult leader telling his followers that they have to engage in sexual acts with him or else they'll be punished in the after life. That's not really the definition of rape considering date rape drugs exist and don't involve use of violence or force.
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    (Original post by S'Class)
    Are you talking about the link from GrahamRodney? Because I can't find anything from your posts. Anyway, if it is, nowhere in the article does it cite any ISLAMIC references, only Article 475 of the MOROCCAN law. Now if someone claims something is in Islam, be it you or the Moroccan government or anyone else, they must provide evidence.
    Okay I can see that you're intentionally being ignorant so here I will clarify it very nicely for you.

    The first link I posted was this: http://en.wikipedia.org/wiki/Mudawana

    The specific quote I was concerned with was this:

    The Mudawana (or Moudawana) is the personal status code, also known as the family code, in Moroccan law. It concerns issues related to the family, including the regulation of marriage, polygamy, divorce, inheritance, and child custody.
    The second link I posted was this: http://en.wikipedia.org/wiki/Mudawan...of_Al-Mudawana

    The quote to note here is this:

    Malik ibn Anas, the founder of the Maliki school of Sunni Islam, wrote Al-Muwatta and Al-Mudawana, which were 8th century collections of hadith, or sayings of the Prophet Muhammad, his family, and his companions. These sayings were collected and published by Malik, along with commentary.[2] This formed the foundation of one of the four major Sunni schools of Islamic jurisprudence still in existence today. The Maliki school has been the dominant source of Islamic jurisprudence in Morocco since the 10th century.
    Now just a few posts back you posted that the hadith was a big part of Islam:

    (Original post by S'Class)
    ...a massive amount of the religion comes from Hadith.
    and since the above originated from the hadith (which is a big part of Islam and apparently mohammad's word) I rest my case that this is sufficient proof that Moroccan family law and penal code are based on the hadith, which is one of the central tenets of Islam.
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    (Original post by That_user)
    nah, its pretty useless compared to koran. hence the law systema in muslim countries.
    No really, it isn't. A LOT of the religion is derived from the Hadith. How to pray, how to fast, how to perform Hajj, all the historical events that took place at that time, etc.
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    (Original post by .eXe)
    you're reducing what is really is buddy.

    Last I checked France was very against muslims (banning their headscarves and all that) so I really doubt that moroccan law is anything like current french law. yes it has its origins in it, but that doesnt mean it emulates it.

    Last I check, girl who were raped did not have to forcibly marry their rapists in France. (there goes your france argument)

    Finally (my main argument):

    Moroccan penal code IS BASED IN ISLAM:

    Read it here: http://en.wikipedia.org/wiki/Mudawana

    Read about its origins here: http://en.wikipedia.org/wiki/Mudawan...of_Al-Mudawana

    Now come and argue that morocco law is not based in islam.....
    Mudawana operates within the confines of family law and Shari'a does the same in Britain. Family law is nothing to do with criminal law which is being referred to in this case. The law which was being invoked in this case was article 475 in the Moroccan penal code (derived from French law), if you don't read French it basically stipulates that in the case of an underage person being 'abducted' by their partner, their partner may be freed of charges relating to kidnapping if it can be proved that they are in a consensual relationship and it therefore wasn't an abduction. In this particular instance it appears as though the girl committed suicide later on in the marriage as a result of domestic violence which is a separate issue. I agree it does seem concerning that a law like this can be interpreted in such a manner by a judge but the details are pretty vague on this case.
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    I understand that this post will be a shock to those of you who have been brainwashed by highly misleading and ill-informed websites, but the ruling of rape is states clearly on IslamQA - an authentic Islamic website run by Muslim scholars.

    Question: What is the ruling on the crime of rape in Islam?

    The punishment for rape in Islam is same as the punishment for zina, which is stoning if the perpetrator is married, and one hundred lashes and banishment for one year if he is not married.
    The punishment is to be carried out on the rapist and there is no punishment for the woman who has been raped, whatever the case.
    Read more...
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    (Original post by S'Class)
    No really, it isn't. A LOT of the religion is derived from the Hadith. How to pray, how to fast, how to perform Hajj, all the historical events that took place at that time, etc.
    well there are four categories to determine how reliable they are. where as the koran is the word of god.

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